Customs Tariff (No. 2) 1965 (Cth)

Customs Tariff (No. 2)

No. 81 of 1965

An Act relating to Duties of Customs.

[Assented to 30 November, 1965]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Customs Tariff (No. 2) 1965.

(2.) The Customs Tariff 1965 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Customs Tariffs 1965.

Commencement.

2.This Act shall come into operation on a date to be fixed by Proclamation.

Interpretation.

3.Section 5 of the Principal Act is amended by inserting in sub-section (1.), after the definition of “duty”, the following definition :—

“‘less developed country’ means a country specified in an order under sub-section (1.) of section 9a of this Act;”.

 

4.After section 9 of the Principal Act the following section is inserted:—

Declaration of less developed countries.

“9a.—(1.) The Minister may, by order published m the Gazette, declare that a country specified in the order is a less developed country for the purposes of this Act.

“(2.) The Minister may, in an order under the last preceding sub-section, direct that a country that is a less developed country by virtue of the order shall not be treated as a less developed country in relation to a class of goods specified in the direction.

“(3.) An order under sub-section (1.) of this section has effect, or shall be deemed to have had effect, from and including such date (which may be a date earlier than the date of publication of the order in the Gazette) as is specified in the order.

“(4.) The Minister may, by order published in the Gazette, revoke an order under sub-section (1.) of this section.

“(5.) An order under the last preceding sub-section has effect from and including such date (which shall not be a date earlier than the date of publication of the order in the Gazette) as is specified in the order.”.

5.After section 20 of the Principal Act the following section is inserted:—

Special rates of duty applicable to goods of less developed countries.

“20a.—(1.) The Minister may, by instrument in writing, direct that, subject to such conditions, if any, as are specified in the instrument, goods that—

(a)are included in a class of goods specified in the instrument;

(b) are the produce or manufacture of a country that, at the time the goods are entered for home consumption, is a less developed country;

(c) are imported into Australia by or on behalf of such person as is specified in the instrument ; and

(d) are imported into Australia during such period as is specified in the instrument,

shall be treated as if they were specified in item 38, item 39, item 40, item 41, item 42, item 43 or item 44 in Part I of the Second Schedule.

“(2.) An instrument under the last preceding sub-section has effect, or shall be deemed to have had effect, from and including such date (which may be a date earlier than the date of the instrument) as is specified in the instrument.

“(3.) An instrument under sub-section (1.) of this section does not have effect in relation to goods that—

(a) are the produce or manufacture of a country that, by virtue of a direction under sub-section (2.) of section 9a of this Act, is not to be treated as a less developed country in relation to a class of goods specified in the direction; and

(b) are included in that class of goods.

 

“(4.) An instrument under sub-section (1.) of this section may provide that it has effect only in relation to goods not exceeding, in the aggregate, such quantity or such value as is specified in the instrument.

“(5.) The Minister may, by instrument in writing, revoke a direction under sub-section (1.) of this section.

“(6.) An instrument under the last preceding sub-section has effect from and including such date (which shall not be a date earlier than the date of the instrument) as is specified in the instrument.

“(7.) Where the tariff classification in the First Schedule that applies to goods is specified in Part II, III, IV, V, VI, VII or VIII of the Second Schedule, those goods shall, for the purposes of the Second Schedule, be deemed to be referred to in that Part of the Second Schedule.”.

Orders.

6.Section 28 of the Principal Act is amended by inserting in sub-section (1.), after the figure “9,”, the figure and letter “9a,”.

First Schedule.

7. Part II of the First Schedule to the Principal Act is amended as set out in the Schedule to this Act.

Second Schedule.

8.—(1.) The Second Schedule to the Principal Act is amended by inserting before the heading—

“Special Rates of Duty”

the heading—

“Part I”.

(2.) The Second Schedule to the Principal Act is amended by inserting after item 37 the following items :—

“38	Goods that are referred to in Part II of this Schedule and, by virtue of a direction under section 20a of this Act, are required to be treated as if they were specified in this item	Free	Free
39	Goods that are referred to in Part III of this Schedule and, by virtue of a direction under section 20a of this Act, are required to be treated as if they were specified in this item	5%	5%
40	Goods that are referred to in Part IV of this Schedule and, by virtue of a direction under section 20a of this Act, are required to be treated as if they were specified in this item	10%	10%
41	Goods that are referred to in Part V of this Schedule and, by virtue of a direction under section 20a of this Act, are required to be treated as if they were specified in this item	15%	15%
42	Goods that are referred to in Part VI of this Schedule and, by virtue of a direction under section 20a of this Act, are required to be treated as if they were specified in this item	20%	20%
43	Goods that are referred to in Part VII of this Schedule and, by virtue of a direction under section 20a of this Act, are required to be treated as if they were specified in this item	25%	25%
44	Goods that are referred to in Part VIII of this Schedule and, by virtue of a direction under section 20a of this Act, are required to be treated as if they were specified in this item	27½%	27½%”.

 

(3.)The Second Schedule to the Principal Act is amended by adding at the end thereof the following Parts :—

Part II

Goods Referred to in Item 38 of Part I of this Schedule

Tariff classification		Tariff classification
Sub-item	25.23.1	Paragraph	84.45.12
Sub-item	32.01.1	Sub-paragraph	84.45.139
Item	40.07	Sub-paragraph	84.45.149
Sub-item	41.02.1	Paragraph	84.45.15
Sub-item	44.24.9	Sub-paragraph	84.45.219
Sub-item	45.03.1	Sub-paragraph	84.45.229
Sub-item	45.04.1	Sub-paragraph	84.45.231
Paragraph	48.01.11	Sub-paragraph	84.45.232
Paragraph	48.01.12	Sub-paragraph	84.45.233
Sub-item	48.01.3	Sub-paragraph	84.45.234
Sub-item	50.04.2	Sub-paragraph	84.45.319
Sub-item	50.05.2	Sub-paragraph	84.45.329
Sub-item	50.06.2	Sub-paragraph	84.45.339
Sub-item	50.07.2	Sub-paragraph	84.45.419
Paragraph	57.09.99	Sub-paragraph	84.45.429
Sub-paragraph	57.10.999	Sub-paragraph	84.45.431
Paragraph	57.11.99	Paragraph	84.45.49
Sub-item	58.01.1	Paragraph	84.45.59
Paragraph	58.01.91	Paragraph	84.45.99
Sub-item	58.02.1	Sub-item	84.47.1
Sub-item	58.02.7	Sub-item	84.47.2
Sub-item	59.05.1	Sub-item	84.47.3
Paragraph	70.10.91	Sub-item	84.47.4
Paragraph	70.10.99	Sub-paragraph	84.47.612
Sub-paragraph	70.13.911	Sub-paragraph	84.47.622
Sub-paragraph	70.13.919	Sub-paragraph	84.47.632
Sub-paragraph	70.13.993	Sub-item	92.02.1
Sub-paragraph	70.13.999	Sub-item	92.02.9
Paragraph	82.09.21	Sub-item	92.05.1
Sub-paragraph	82.09.992	Sub-item	92.05.9
Paragraph	82.10.21	Sub-item	92.06.2
Sub-paragraph	82.10.992	Sub-item	92.06.9
Sub-item	82.12.9	Sub-item	92.08.9
Sub-item	84.41.3	Item	92.09
Sub-paragraph	84.45.119

Part III

Goods Referred to in Item 39 of Part I of this Schedule

Tariff classification

Sub-item 82.11.9

Part IV
Goods Referred to in Item 40 of Part I of this Schedule.
Tariff classification		Tariff classification
Sub-item	34.01.1	Sub-paragraph	58.01.991
Sub-item	34.01.9	Sub-paragraph	58.01.999
Sub-item	41.02.9	Sub-paragraph	58.02.991
Sub-item	41.03.9	Sub-paragraph	58.02.999
Sub-item	41.04.9	Sub-item	62.04.1
Sub-item	41.05.9	Paragraph	84.40.31
Sub-item	45.02.9	Sub-paragraph	84.47.611
Paragraph	45.03.99	Sub-paragraph	84.47.621
Paragraph	45.04.99	Sub-paragraph	84.47.631
Paragraph	54.05.91	Paragraph	84.47.69
Paragraph	55.09.26

 

Part V

Goods Referred to in Item 41 of Part I of this Schedule

Tariff classification		Tariff classification
Paragraph	42.02.91	Sub-item	85.06.1
Sub-item	42.04.9	Paragraph	94.01.12
Item	42.05	Paragraph	94.01.13
Sub-item	58.02.4	Sub-paragraph	94.01.191
Paragraph	59.04.93	Sub-paragraph	94.01.199
Paragraph	59.04.99	Paragraph	94.01.22
Paragraph	59.05.99	Paragraph	94.01.29
Sub-item	59.06.9	Sub-item	94.03.9
Paragraph	62.05.61	Sub-item	97.06.1
Sub-paragraph	70.13.994	Sub-item	97.06.9
Sub-item	82.13.4

Part VI

Goods Referred to in Item 42 of Part I of this Schedule

Tariff classification	Tariff classification
Sub-item 17.04.9	Sub-item 62.05.9
Sub-item 20.04.9	Paragraph 84.40.11
Sub-paragraph 58.02.911	Paragraph 84.19.91
Sub-paragraph  58.02.919	Sub-paragraph 84.59.992

Part VII

Goods Referred to in Item 43 of Part I of this Schedule

Tariff classification		Tariff classification
Sub-item	17.04.1	Sub-paragraph	84.45.321
Sub-paragraph	84.45.111	Sub-paragraph	84.45.322
Sub-paragraph	84.45.112	Sub-paragraph	84.45.323
Sub-paragraph	84.45.113	Sub-paragraph	84.45.324
Sub-paragraph	84.45.131	Sub-paragraph	84.45.331
Sub-paragraph	84.45.132	Sub-paragraph	84.45.332
Sub-paragraph	84.45.133	Sub-paragraph	84.45.333
Sub-paragraph	84.45.134	Sub-paragraph	84.45.411
Sub-paragraph	84.45.141	Sub-paragraph	84.45.412
Sub-paragraph	84.45.142	Sub-paragraph	84.45.421
Sub-paragraph	84.45.211	Sub-paragraph	84.45.439
Sub-paragraph	84.45.212	Paragraph	84.45.51
Sub-paragraph	84.45.213	Paragraph	84.45.52
Sub-paragraph	84.45.214	Paragraph	84.45.53
Sub-paragraph	84.45.221	Paragraph	84.45.91
Sub-paragraph	84.45.239	Paragraph	84.45.92
Sub-paragraph	84.45.311

Part VIII

Goods Referred to in Item 44 of Part I of this Schedule

Tariff classification
Paragraph	45.03.91
Paragraph	45.04.91
Paragraph	82.09.29
Paragraph	82.10.29

 

THE SCHEDULE

Section 7.

AMENDMENTS OF PART II OF THE FIRST SCHEDULE TO THE PRINCIPAL ACT

1. Omit sub-item 42.02.9, insert the following sub-item:—

“42.02.9	- Other:
42.02.91	- - Of leather....................................................	45%z	17½
42.02.99	- - Of other materials........................................	45%	17½

2.Omit sub-item 84.19.9, insert the following sub-item:—

“84.19.9	- Other:
84.19.91	- - Bottling machines; bagging machines..............	55%	27½%
84.19.99	- - Other.............................................................	55%	27½%”.

3. After sub-item 84.41.2 insert the following sub-item:—

“84.41.3 - Sewing machine heads...................................... 7½% Free “.

4. After sub-paragraph 84.59.991 insert the following sub-paragraph:—

“84.59.992 - - - Plastic processing machines.......................... 55% 27½%”.